HomeMy WebLinkAboutCity Council - 6654 RESOLUTION NO. 6654
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH APPROVING A
THIRD AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH AND
ABDELMUTI DEVELOPMENT COMPANY
WHEREAS, the Redevelopment Agency of the City of Huntington Beach
(the "Agency") and Abdelmuti Development Company (the "Participant") entered
into a certain Owner Participation Agreement, dated as of May 28, 1991 (the
"OPA") for the acquisition and imposition of certain portions of the Project Area
for the purpose of constructing a office/commercial use building and other public
improvements; and
The City Council amended the Agreement on November 4, 1991, and
again on August 31, 1992; and
The Participant and the Agency are proceeding to perform their
respective obligations pursuant to the OPA; and
The Participant and the Agency desire to approve a Third Amendment to
the OPA (in the form attached hereto as Attachment "A" and incorporated herein)
which constitutes the "Amendment' to supplement the terms of the OPA; and
The Agency and the City Council of the City of Huntington Beach (the
"City Council") have conducted a duly noticed joint public hearing regarding the
proposed acquisition and disposition of real property in accordance with
California Health & Safety Code Sections 33431 and 33433; and
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The staff report pertaining to the Amendment, which has been on display
prior to the joint public hearing in accordance with Section 33433 of the
California Health & Safety Code contains a detailed description of the provisions
of the Amendment,
NOW, THEREFORE, the City Council does resolve as follows:
Section 1: The City Council finds and determines that EIR 82-2,
certified and approved, including the finding of overriding considerations by the
City Council in its position as the lead agency, is adequate for this project.
Section 2: The City Council finds and determines, based upon the
testimony and information presented during the public hearing with respect to
the Amendment, that the consideration for the real property to be transferred to
the Participant by deed is less than the fair market value thereof determined at
the highest use permitted under the Redevelopment Plan, but that such lesser
consideration is necessary to secure the commitment of Participant to execute
the Amendment, which Amendment will significantly benefit the Agency and the
community by alleviating blighting conditions, generating revenues and providing
for high-quality development activities to stimulate the economic enhancement of
the Project Area in accordance with the OPA.
Section 3: The City Council finds and determines that: (a) the approval
of the Amendment will promote the objectives of the Redevelopment Plan and
promote the health, safety and welfare of the citizens of the City of Huntington
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Beach; and (b) the Amendment is consistent with the orderly development of the
improvements to be provided by the Participant pursuant to the OPA.
Section 4: The City Council approves the Amendment in the form of
Attachment "A" and authorizes and directs the Chairman and Secretary of the
Agency to execute that Amendment and such other documents as may be
determined by the City Attorney to be necessary or appropriate to effectuate the
OPA as now amended.
PASSED AND ADOPTED by the
City of Huntington Beach at an adjourned regular meeting thereof held on this
21st day of November , 1994.
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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c e^ate. CA— c ��
ity Administrator Director of Economic Development
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Res. No. 6654
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven;that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular meeting thereof held on the 21st of November, 1994
the following vote:
AYES: Councilmembers:
Silva,Bauer, Robitaille,Moulton-Patterson, Winchell, Leipzig,
NOES: Councilmembers:
Sullivan
ABSENT: Councilmembers:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California